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The scales of justice on a plain background

R v Oakley

1979 · 70 Cr App R 7

Posted By lanbuk.com

Facts
A police officer with long experience of road accidents gave an opinion on how a collision had happened. He was not an engineer. The defence said he was not an expert.
Issue
May a police officer with practical experience give an expert opinion on an accident?
Held
Yes, within that experience. The Court of Appeal held that his years of dealing with accidents qualified him to explain what the marks and the damage indicated.
Principle
Expertise may be acquired by practice. It is confined to the field in which it was acquired.
Why it matters
Davies is the non-expert bystander, who may say the car was going very fast and may not say the driver was drunk. Oakley had a special experience. The bystander did not.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.